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May 27 1968

United States Vs. O'Brien

Court: US Supreme Court

Decided on: May-27-1968

United States v. O'Brien - 391 U.S. 367 (1968) U.S. Supreme Court United States v. O'Brien, 391 U.S. 367 (1968) United States v. O'Brien No. 232 Argued January 24, 1968 Decided May 27, 1968 * 391 U.S. 367 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus O'Brien burned his Selective Service registration certificate before a sizable crowd in order to influence others to adopt his anti-war beliefs. He was indicted, tried, and convicted for violating 50 U.S.C.App. 462(b), a part of the Universal Military Training and Service Act, subdivision (3) of which applies to any person "who forges, alters, knowingly destroys, knowingly mutilates, or in any manner changes any such certificate . . . ," the words italicized herein having been added by amendment in 1965. The District Court rejected O'Brien's argument that the amendment was unconstitutional because it was enacted to abridge free speech and served no legitimate legislative purpose. The Court ...


May 27 1968

Raney Vs. Board of Education

Court: US Supreme Court

Decided on: May-27-1968

Raney v. Board of Education - 391 U.S. 443 (1968) U.S. Supreme Court Raney v. Board of Education, 391 U.S. 443 (1968) Raney v. Board of Education of Gould School District No. 805 Argued April 3, 1968 Decided May 27, 1968 391 U.S. 443 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus The Gould (Arkansas) School District, which has a population of about 60% Negroes, with no residential segregation, maintains two combination elementary and high schools located about ten blocks apart in the district's only major town. In the 1964-1965 school year, the schools were totally segregated. As in Green v. County School Board, ante, p. 391 U. S. 430 , the School Board in 1965 adopted a "freedom of choice" plan in order to remain eligible for federal financial aid. The plan applies to all school grades, and pupils are required to choose annually between the schools; those not choosing are assigned to the school previously attended. No white student has...


May 27 1968

Rabeck Vs. New York

Court: US Supreme Court

Decided on: May-27-1968

Rabeck v. New York - 391 U.S. 462 (1968) U.S. Supreme Court Rabeck v. New York, 391 U.S. 462 (1968) Rabeck v. New York No. 611 Decided May 27, 1968 391 U.S. 462 APPEAL FROM THE APPELLATE TERM OF THE SUPREME COURT OF NEW YORK, FIRST JUDICIAL DEPARTMENT Syllabus Former 484-i of the New York Penal Law, which prohibited the sale of "magazines . . . which would appeal to the lust of persons under the age of eighteen years or to their curiosity as to sex or to the anatomical differences between the sexes," is unconstitutionally vague, and it is no answer to say that it was adopted for the salutary purpose of protecting children. Reversed. PER CURIAM. Appellant, in seeking reversal of his conviction for selling "girlie" magazines to a minor under 18 years of age in violation of former 484-i, New York Penal Law, * argues, among other grounds, that the statute is impermissibly vague. We agree. While we rejected a like claim as to 484-h in Ginsberg v. New York, 390 U. S. 629...


May 27 1968

World Airways Vs. Pan American

Court: US Supreme Court

Decided on: May-27-1968

WORLD AIRWAYS v. PAN AMERICAN - 391 U.S. 461 (1968) U.S. Supreme Court WORLD AIRWAYS v. PAN AMERICAN, 391 U.S. 461 (1968) 391 U.S. 461 WORLD AIRWAYS, INC., ET AL. v. PAN AMERICAN WORLD AIRWAYS, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. No. 800. Argued April 29-30, 1968. Decided May 27, 1968. * 380 F.2d 770 , affirmed by an equally divided Court. [ Footnote * ] Together with No. 946, Civil Aeronautics Board v. Pan American World Airways, Inc., et al., and No. 969, American Society of Travel Agents, Inc. v. Pan American World Airways, Inc., et al., also on certiorari to the same court. Assistant Attorney General Wozencraft argued the cause for petitioner in No. 946. With him on the brief were Solicitor General Griswold, Assistant Attorney General Turner, Howard E. Shapiro, Joseph B. Goldman, O. D. Ozment, Warren L. Sharfman, and Robert L. Toomey. Jerrold Scoutt, Jr., argued the cause for petitioners in Nos. 800 and 969. With him...


May 27 1968

Green Vs. County Sch. Bd. of New Kent County

Court: US Supreme Court

Decided on: May-27-1968

Green v. County Sch. Bd. of New Kent County - 391 U.S. 430 (1968) U.S. Supreme Court Green v. County Sch. Bd. of New Kent County, 391 U.S. 430 (1968) Green v. County School Board of New Kent County No. 695 Argued April 3, 1968 Decided May 27, 1968 391 U.S. 430 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Syllabus Respondent School Board maintains two schools, one on the east side and one on the west side of New Kent County, Virginia. About one-half of the county's population are Negroes, who reside throughout the county since there is no residential segregation. Although this Court held in Brown v. Board of Education, 347 U. S. 483 ( Brown I ), that Virginia's constitutional and statutory provisions requiring racial segregation in schools were unconstitutional, the Board continued segregated operation of the schools, presumably pursuant to Virginia statutes enacted to resist that decision. In 1965, after this suit for injunctive relief agains...


May 27 1968

Ross Vs. California

Court: US Supreme Court

Decided on: May-27-1968

ROSS v. CALIFORNIA - 391 U.S. 470 (1968) U.S. Supreme Court ROSS v. CALIFORNIA, 391 U.S. 470 (1968) 391 U.S. 470 ROSS v. CALIFORNIA. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF CALIFORNIA. No. 798, Misc. Decided May 27, 1968. Certiorari granted; 67 Cal. 2d 64, 429 P.2d 606, reversed. Thomas C. Lynch, Attorney General of California, William E. James, Assistant Attorney General, and Walter R. Jones, Deputy Attorney General, for respondent. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is reversed. Chapman v. California, 386 U.S. 18 , and Anderson v. Nelson, 390 U.S. 523 . MR. JUSTICE BLACK is of the opinion that certiorari should be denied. Page 391 U.S. 470, 471 ...


May 27 1968

Menominee Tribe of Indians Vs. United States

Court: US Supreme Court

Decided on: May-27-1968

Menominee Tribe of Indians v. United States - 391 U.S. 404 (1968) U.S. Supreme Court Menominee Tribe of Indians v. United States, 391 U.S. 404 (1968) Menominee Tribe of Indians v. United States No. 187 Argued January 22, 1968 Reargued April 25, 1968 Decided May 27, 1968 391 U.S. 404 CERTIORARI TO THE UNITED STATES COURT OF CLAIMS Syllabus The Menominee Tribe of Indians brought this action in the Court of Claims to recover compensation for the loss of their hunting and fishing rights, which the Wisconsin Supreme Court in another proceeding had held had been abrogated by the Menominee Termination Act of 1954. The Termination Act, which did not become fully effective until 1961, provided for the termination of federal supervision over the property and members of the tribe, whereupon state laws were to become applicable to them in the same manner as they applied to others. The same Congress that passed that Act also enacted Public Law 280, which, two months after the Terminatio...


May 27 1968

Monroe Vs. Board of Comm'rs of City of Jackson

Court: US Supreme Court

Decided on: May-27-1968

Monroe v. Board of Comm'rs of City of Jackson - 391 U.S. 450 (1968) U.S. Supreme Court Monroe v. Board of Comm'rs of City of Jackson, 391 U.S. 450 (1968) Monroe v. Board of Commissioners of the City of Jackson No. 740 Argued April 3, 1968 Decided May 27, 1968 391 U.S. 450 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus About one-third of the City of Jackson's population of 40,000 are Negroes, the great majority of whom live in the city's central area. The city school system has eight elementary, three junior high, and two senior high schools for the 7,650 students, of whom about 40% are Negroes. Tennessee law in 1954 required racial segregation in schools; five elementary and two junior high schools and one senior high school were operated as "white" schools, and the remainder as "Negro" schools. After Brown v. Board of Education, 347 U. S. 483 (1954), declared such dual systems unconstitutional, Tennessee enacted a pupil placement law, wh...


May 27 1968

theatres Service Co. Vs. United States

Court: US Supreme Court

Decided on: May-27-1968

THEATRES SERVICE CO. v. UNITED STATES - 391 U.S. 468 (1968) U.S. Supreme Court THEATRES SERVICE CO. v. UNITED STATES, 391 U.S. 468 (1968) 391 U.S. 468 THEATRES SERVICE CO. v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA. No. 1267. Decided May 27, 1968. 278 F. Supp. 7, affirmed. David A. Sutherlund and Guy H. Postell for appellant. Solicitor General Griswold, Assistant Attorney General Turner, and Robert W. Ginnane for the United States et al., and Paul M. Daniell and Bill R. Davis for Dance Freight Lines, Inc., appellees. PER CURIAM. The motions to affirm are granted and the judgment is affirmed. NATIONAL BUS TRAFFIC ASSN., INC., v. UNITED STATES, 391 U.S. 468 (1968) 391 U.S. 468 (1968) "> U.S. Supreme Court NATIONAL BUS TRAFFIC ASSN., INC., v. UNITED STATES, 391 U.S. 468 (1968) 391 U.S. 468 NATIONAL BUS TRAFFIC ASSN., INC., ET AL. v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR ...


May 27 1968

Puyallup Tribe Vs. Department of Game

Court: US Supreme Court

Decided on: May-27-1968

Puyallup Tribe v. Department of Game - 391 U.S. 392 (1968) U.S. Supreme Court Puyallup Tribe v. Department of Game, 391 U.S. 392 (1968) Puyallup Tribe v. Department of Game of Washington No. 247 Argued March 25-26, 1968 Decided May 27, 1968* 391 U.S. 392 CERTIORARI TO THE SUPREME COURT OF WASHINGTON Syllabus Respondents brought these actions in the state court seeking declaratory relief concerning rights which petitioner Indians asserted by virtue of Article III of the Treaty of Medicine Creek made with the Puyallup and Nisqually Indians and certain conservation measures adopted by the State of Washington with respect to its territorial waters. Under that provision of the treaty, the "right of taking fish at all usual and accustomed grounds and stations, is . . . secured to said Indians, in common with all citizens of the Territory. . . ." The fish to which the Treaty rights in these cases relate are salmon and steelhead, anadromous fish that hatch in the fresh water of th...


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